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ITAT Delhi

Deemed Dividend’ not attracted in case of Normal Business Transactions

November 10, 2017 2046 Views 0 comment Print

In Circular No. 19/2017, paragraph 3, the CBDT has also held that trade advances, which are in the nature of commercial transactions would not fall within the ambit of the word advance in Section 2(22)(e) of the Act.

Service Tax Paid on rent can be claimed as deduction from business Income

November 8, 2017 2301 Views 0 comment Print

DCIT Vs. M/s. Chadha Builders & Properties (ITAT Delhi) Service Tax is not an allowable deduction from Income from house property. But it is true that the assessee has paid Service Tax & it was not recovered from tenants and it has also filed the return of service tax. Service tax has been paid into […]

Merely charging of fees does not make an educational institute non charitable

November 8, 2017 2385 Views 0 comment Print

Jaycees Public School Vs. ITO (ITAT Delhi) We do not find that assessee is not engaged in the educational activities as merely charging of the fees does not make it existing for the purposes of the profit.

Transfer of property to daughter through sale deed cannot be treated as gift

November 8, 2017 4743 Views 0 comment Print

Assessee has contended that the impugned property had been transferred to her daughter as a gift and therefore charging Long Term Capital Gains applying provisions of Section 50C is bad in law. In its written submission on behalf of the assessee, the learned Authorised Representative of the assessee has contended that the intention of the […]

Reassessment for mere cash deposit info received through AIR is invalid

November 7, 2017 15006 Views 0 comment Print

Revised grounds of appeal were filed by the assessee, which are placed on record. Amongst various grounds of appeal taken by the assessee, main grievance and issue raised by the assessee-appellant before this Tribunal relates to validity of the proceedings under section 148 of the Income-tax Act, 1961

Two assets falling under different classes having same depreciation rate constitutes a single ‘block of assets’

November 5, 2017 8709 Views 0 comment Print

section 2(11) of the Indian Income Tax Act, 1961 specifies as only two class of assets i.e., tangible and intangible assets and within these two classes of assets, assets having same rate of depreciation are prescribed and they fall within the same block.

Addition U//s 41(1) not justified for creditors paid in subsequent years

October 29, 2017 11811 Views 0 comment Print

This is an appeal filed by the assessee against the order dated 7-11-2014 of learned Commissioner (Appeals)-XXVIII, Delhi for the assessment year 2011-12. In this appeal, the assessee has also filed a stay petition seeking stay of the outstanding demand.

TDS not deductible on Reimbursement of expenses billed separately

October 25, 2017 66144 Views 0 comment Print

In this case the appellant is receiving the material on Freight Prepaid basis (C&F). The foreign shipping companies were charging only the incidental charges like Port charges, Container payment, Stationery charges, License fees, Stamp charges, Bank charges, De-stuffing charges etc.

MTM loss on forward contract as on balance sheet date not deductible as business loss

October 25, 2017 9192 Views 0 comment Print

Bechtel India Pvt. Ltd. Vs ACIT (ITAT Delhi) Hedging forward contracts of foreign currency cannot be marked to market (MTM) on balance sheet date as already there is a underlying asset and there is no extra outgo for settlement of the forward contract other than already determined in the contract and thus there is no […]

Re-Assessment under Wealth Tax Act without supplying reason for same is invalid

October 23, 2017 2808 Views 0 comment Print

Briefly the facts of the case as noted in the assessment order are that in this case assessment for A.Y. 2006-2007 has been reopened after recording satisfaction and obtaining approval of Addl. CIT, Range-25, New Delhi, under section 17 of the Wealth Tax Act.

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